Despite the Special Master, the DOJ can still pursue an obstruction charge against Trump.

[kentuck]

Because it is not dependent on the presence of the documents.

When Trump's lawyers told the FBI that there were no more classified documents at MAL and signed an affidavit stating that was the case, but there were still classified documents there and they would not let the FBI see them, that was obstruction of justice. If Trump told them to say that, then he is also someone that obstructed justice.

The DOJ can still bring that charge, if they so desire. The Special Master does not have any bearing on obstruction.

[Lovie777]

1. My understanding is that the documents have already been viewed and documented...

DOJ and F.B.I. know what they are doing. Classified documents is an extremely seriously matter to the well being of The United States of America.

Republicans don't care about this country's safety, as seen by the judge today.

[NH Ethylene]

2. But the evidence that there were classified documents there

Will not be available while the special master looks them over. So the case could not be proven in court.

[Beastly Boy]

3. DOJ can pursue any charges, including espionage, as long as

they are not based on the review or use of materials removed from Mar a Lago on August 9.

From the judge's order:

...the Court also temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes
pending completion of the special master’s review or further Court order.

[MOMFUDSKI]

4. Let this smarmy judge lady sit on her ass as long as she wants but

Garland should bring the indictment NOW. Stir the pot.

[PortTack]

5. But cannot tfg just say that his attorneys said there were no more documents and he knew

Nothing of it?

Gawd I despise that guy

[kelly1mm]

6. Unfortunately no. If the theory of the case is that DJTs lawyers lied to the DOJ by saying there

were no classified documents at MAL and they did so at DJTs request/instruction then you would have to prove the existence of classified documents at MAL after that statement was made. To do so you would have to produce the classified documents (or at least one) into evidence along with a chain of custody showing when and where they were seized. The use of the documents by the DOJ prior to a SM being appointed and reviewing the documents for privilege has been precluded by the judge's order (pending appeal).

[kentuck]

7. Are you Perry Mason??

[kentuck]

8. Why would they need documents to prove obstruction if they have witnesses..?

That saw the documents removed from Mar-a-lago? Could the Special Master withhold the documents from a criminal trial that was separate from the Special Master case?

[kelly1mm]

9. Right now there is no criminal case at all. No one has been indited. The special master is being

appointed as a result of the search warrant that was issued. Any federal case (civil or criminal) that would try to use the documents seized as a result of the search warrant would in theory be subject to the SM findings.

I suppose it would be theoretically possible for the DOJ to call multiple FBI agents as witnesses as to what they found at MAL and TRY to use that alone as 'proof' that the documents were there but in almost every instance I can think of if there is physical evidence seized via a search warrant those types of questions are just foundation and chain of custody witnesses for the actual physical evidence. It is a n interesting question though.

I will assume you would agree that the FBI agent testifying and then ALSO having the actual documents seized would be better than just "trust me I am an FBI agent"?

Not Perry Mason but Federal Civ Pro and Crim Pro are interests of mine.

[kentuck]

10. Thank you for your keen observations.